Edwards v. Virginia Department of Corrections et al, No. 7:2022cv00213 - Document 5 (W.D. Va. 2022)

Court Description: MEMORANDUM OPINION. Signed by Chief Judge Michael F. Urbanski on 6/21/2022. (Opinion mailed to Pro Se Party via US Mail)(aab)

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Edwards v. Virginia Department of Corrections et al Case 7:22-cv-00213-MFU-JCH Document 5 Filed 06/22/22 Page 1 of 2 Pageid#: 35 Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION DERRICK A. EDWARDS, Plaintiff, v. VIRGINIA DEPARTMENT OF CORRECTIONS, et al., Defendants. ) ) ) ) ) ) ) ) Case No. 7:22-cv-00213 By: Michael F. Urbanski Chief United States District Judge MEMORANDUM OPINION Plaintiff Derrick A. Edwards, a Virginia inmate proceeding pro se, filed this civil action under 42 U.S.C. § 1983. By order entered May 9, 2022, the court denied Edwards’s request to proceed in forma pauperis and directed him to pay the applicable filing fees within twenty days. See ECF No. 4. The order expressly warned Edwards that failure to pay all applicable fees within the time allotted would result in the dismissal of this action without prejudice. As of this date, Edwards has not paid the filing fees or had any further communication with the court. He has not complied with the court’s order, and the time for doing so has expired. Accordingly, the court will dismiss the action without prejudice. See Ballard v. Carlson, 882 F.2d 93, 95–96 (4th Cir. 1989) (recognizing that courts have the authority to order dismissal of an action for failure to comply with court orders, and finding that dismissal was appropriate where the pro se litigant disregarded a court order despite being warned that failure to comply would result in dismissal). An appropriate order will be entered. Dockets.Justia.com Case 7:22-cv-00213-MFU-JCH Document 5 Filed 06/22/22 Page 2 of 2 Pageid#: 36 Entered: June 21, 2022 Digitally signed by Michael F. Urbanski Chief U.S. District Judge Date: 2022.06.21 15:59:53 -04'00' Michael F. Urbanski Chief United States District Judge 2

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